Madras High CourtWP(MD)/2542/2022disposed of

Shanmugam S v. The Tamil Nadu Adi Dravidar Housing And Dvelopment

2023-03-23Honourable Mr Justice C.V. Karthikeyan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:23.03.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.2542 of 2022 and WMP(MD)No.2238 of 2022 S.Shanmugam ... Petitioner Vs 1.The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai 600018.

2. The District Manager, The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO),

3. The Chief Engineer, TANGEDCO, Chennai.

4. The Superintendent Engineer, TANGEDCO, Near RTO Office, Collectorate Post, Bharathi Nagar, Ramanathapuram - 623503.

5. The Executive Engineer, TANGEDCO, Paramakudi, 1/6

6. The Assistant Engineer, TANGEDCO, Muthukulathur, ... Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the fourth respondent's Electricity receipt S.No.0492759, dated 25.01.2022 for the imaginary Electricity service connection No.MDR352IA2S1424 and quash the same as devoid of merits, consequentially directing to provide the temporary electricity service connection immediately on the petitioner's application No.200053521020945, Tariff LA3A1, dated 15.10.2020 and confirmed on 18.02.2021 by payment of Rs.12,300/- for his borewell in Survey No.

284/14, Vengalakurichi Village, Vengalakurichi Group, Muthukulathur Taluk, Ramanathapuram District till the grant of service connection, as per the seniority of the year 2018-2019 in TAHDCO 2018-19-FTPS-3 and to pay damages at the cost of Rs.10,000/- per month from 01.03.2021 to till date of providing service connection by considering the representations dated 01.07.2021 and 20.09.2021, within the period stipulated by this Court.

For Petitioner :Mr.A. Haha Mohideen For R1, R2 :Mr.J.Ashok Additional Government Pleader For R3 to R6 :Mr.S.Deenadayalan Standing Counsel 2/6

ORDER

The Writ Petition has been filed in the nature of Certiorarified Mandamus relating to the records of the fourth respondent/Superintendent Engineer, TANGEDCO, Ramanathapuram, with respect to electricity receipt S.No.0492759, dated 25.01.2022 for Electricity service connection No.MDR352IA2S1424 and quash the same and for consequential direction to provide the temporary electricity service connection, consequent to the petitioner's application and also to pay damages @ Rs.10,000/- per month from 01.03.2021 to till date of providing service connection. 2.The issue of damages cannot arise, since the respondents are only discharging their official duties. If at all there is any deficiency of service, the petitioner will have to approach the appropriate forum and the Writ Court is not an appropriate forum.

3.With respect to electricity connection, on 07.01.2023, the respondents had granted the connection.

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4.Both in the affidavit filed by the petitioner and in the counter affidavit filed by the respondents, various allegations and counter allegations have been raised by the petitioner in one hand and by the respondents in another hand. The petitioner has applied for service connection for the borewell, which he had put up in his land and await for the same. However, now the electricity connection has been granted by the respondents. 5.Let matters rest there.

6. The statement of the learned counsel for the petitioner that the service connection had been granted is recorded. No further orders are required to be passed in this petition.

7.Accordingly, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 23.03.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 4/6

To 1.The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO), No.31, Cenotaph Road, 2nd Lane, Teynampet, Chennai 600018.

2. The District Manager, The Tamil Nadu Adi Dravidar Housing and Development Corporation Limited (TAHDCO),

3. The Chief Engineer, TANGEDCO, Chennai.

4. The Superintendent Engineer, TANGEDCO, Near RTO Office, Collectorate Post, Bharathi Nagar, Ramanathapuram - 623503.

5. The Executive Engineer, TANGEDCO, Paramakudi, Ramanathapuram District.

6. The Assistant Engineer, TANGEDCO, Muthukulathur, Ramanathapuram District. 5/6

C.V.KARTHIKEYAN,J.

PNM ORDER IN W.P(MD).No.2542 of 2022 and WMP(MD)No.2238 of 2022 23.03.2023 6/6